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NEUMANN v. AT & T COMMUNICATIONS, INC.

Nos. 03-2569, 03-2570.

376 F.3d 773 (2004)

Kelly Renee NEUMANN, Appellant, v. AT & T COMMUNICATIONS, INC., Appellee. Kelly Renee Neumann, Appellant, v. AT & T Communications, Inc., a Delaware Corporation; Gates McDonald Co., an Ohio Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 6, 2004.

Attorney(s) appearing for the Case

Michael M. Bader, argued, St. Paul, Minnesota, for appellant.

Rolf Gilbertson, argued, Minneapolis, Minnesota (Chad A. Snyder on the brief), for appellees Gates McDonald Co.

R. Scott Davies, argued, Minneapolis, Minnesota (Jason M. Hedican on the brief), for appellees AT & T Corp.

Before MELLOY, FAGG, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Kelly Neumann brought an action in state court alleging that AT & T retaliated against her for filing a workers' compensation claim and failed to accommodate her disability under Minn.Stat. § 176.82, subd. 1 and 2. Her case was removed to the district court1 on the ground that her claims were completely preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001...

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